Contested Norms in the Process of EU Enlargement: Non-Discrimination and Minority Rights

Law and Governance in an Enlarged European Union
,
pp. 451-483
,
Oxford und Portland/Oregon
,
Hart Publishing
,
2004,

George A. Bermann, Katharina Pistor,
Wiener, Antje, Guido Schwellnus
ISBN: 1-84113-426-0

This chapter analyses the adoption of EU conditions regarding non-discrimination and minority protection in three applicant countries: Romania, Hungary and Poland. While non-discrimination is a well established EU norm, minority rights are a contested norm and not enshrined in the acquis communautaire. It is argued that contestation over norm meaning highlights the importance of norm resonance and domestic norm construction in processes of norm diffusion, and that the conceptual tension between the internal and external EU policy towards minorities implies the possibility of unintended long-term effects in the applicant countries, as well as potential backlash against the EU after accession.